MATTER OF DOWLEYNE v. NEW YORK CITY TRANSIT AUTHORITY


309 A.D.2d 583 (2003)

765 N.Y.S.2d 361

In the Matter of LESLIE DOWLEYNE et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 14, 2003.


Petitioner Leslie Dowleyne had been working as a bus driver for respondent New York City Transit Authority (NYCTA) for approximately 14 months, when, on May 1, 2001, she was randomly called to a NYCTA office to undergo a drug test. To carry out the test, United States Department of Transportation (DOT) regulations required an employee to provide a 45 milli-leter urine sample (49 CFR 40.25 [f] [10]).* She was unable to produce an adequate specimen...

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